Criminal law in Ethiopia

The Criminal Code under Proclamation No. 414/2005 applies together with constitutional principles such as legality, personal responsibility, non-retroactivity, the presumption of innocence and protection against being tried twice for the same offence. A criminal case generally involves a report or complaint, investigation, a written charge, a hearing with evidence, judgment and possible appeal. Public prosecution is the general rule, while offences that require a complaint proceed only when the injured party or legal representative submits one under the applicable law. The Ethiopian Federal Police Commission and regional police investigate offences. Federal prosecutors and regional justice bureaus or prosecutors bring cases before federal or regional courts. Federal courts include First Instance, High and Supreme Courts, while regional courts handle matters within their jurisdiction. Federal and regional responsibilities, court level, language and communication arrangements can affect the practical process, especially outside Addis Ababa. A person who is arrested generally has rights to silence, protection against self-incrimination, legal counsel, an interpreter where needed, access to evidence, witness examination, defence evidence and appeal. State-funded counsel may be available when a person lacks the means to pay and the interests of justice require it, but access is not uniform in every place or case. Arrest normally requires a court warrant, subject to exceptions such as a flagrant offence or another statutory ground. Under the legacy Criminal Procedure Code of 1961, an arrested person should be brought before the nearest court within at least 48 hours, or as soon as local circumstances and communication allow. The Criminal Procedure and Evidence Code under Proclamation No. 1410/2026 was adopted on 3 April 2026 and replaces the older code, but its commencement and transitional rules must be checked against the date and circumstances of each case. A court may consider bail after arrest. Possible reasons for refusal include a risk of non-appearance, reoffending or interference with witnesses or evidence. Under the legacy procedure, the court decides a bail application within a maximum of 48 hours. Search warrants generally apply to searches, subject to statutory exceptions. Digital evidence and electronic collection are also governed by the Computer Crime Proclamation No. 958/2016. Possible consequences include arrest for petty offences, fines, simple or rigorous imprisonment, life imprisonment, statutory death penalties, confiscation or forfeiture, restitution and compensation. The result depends on the offence, the established responsibility, harm, and mitigating or aggravating circumstances. Asset tracing, freezing, seizure, confiscation and management are also addressed by the Asset Recovery Proclamation No. 1364/2025. Probation, conditional release and rehabilitation may apply where the law and the case permit them. An injured party may join a civil claim for restitution or compensation in the criminal case under Articles 101 and 102 of the Criminal Code. Compensation may in some circumstances come from seized or confiscated assets, a fine or a surety when the offender cannot pay. Witnesses and whistleblowers may receive protection under Proclamation No. 699/2011, while trafficking cases can involve additional victim support. Legal aid, interpreters, transport and forensic or document charges vary by means, region and case, and there is no uniform national cost schedule for every criminal matter. A court may close a hearing to protect privacy, public morals or national security. Criminal responsibility depends on age. A child below nine years has no criminal responsibility. A child aged nine to under fifteen may face special court measures rather than adult penalties and should be held separately from adults. A person aged fifteen to under eighteen is generally subject to the ordinary code and procedure with mitigation, and a death sentence is not executed for an offence committed before the age of eighteen. Road offences may arise under the Road Transport Proclamation No. 1274/2022 and Road Transport Traffic Control Regulation No. 557/2024, including licensing, traffic-control and dangerous-driving or injury offences. Transport authorities, police and courts may share responsibility, and criminal liability under the Criminal Code can apply alongside road rules. Licensing fees and other service charges are separate from criminal penalties. Digital offences under Proclamation No. 958/2016 include unauthorized access or use, interference with systems or data, illegal content and child sexual material. The precise offence and penalty depend on the conduct and date, and telecom or data-provider cooperation may support an investigation. Customary or religious settlement may assist with access or conciliation in some situations, but it does not automatically replace public prosecution. Private complaints and conciliation have legal effect only where the applicable requirements allow them. Federal and regional differences, language, communication, court jurisdiction and the date of the alleged conduct should be checked before relying on a procedure or deadline.